United States: DHS Replaces Public Charge Regulation with Policy Guidance and Broad Discretion for Adjudicators
July 16, 2026
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At a glance
- Under a final regulation set to be published in the July 20 Federal Register, the Department of Homeland Security is rescinding the public charge rule in effect for adjustment of status applications since December 2022 and replacing it with a more stringent public charge policy to be implemented through sub-regulatory policy guidance and tools.
- The final rule takes effect on September 18, 2026.
- The expanded public charge policy will give USCIS officers broad discretion to determine whether an applicant is likely to become financially dependent on the government and is expected to expand the types of government benefits and factors to be considered by adjudicators when determining whether a foreign national is likely to become dependent on the government for support.
The issue
The Department of Homeland Security (DHS) has issued a final regulation rescinding the public charge regulation that has applied to adjustment of status applications since December 2022 and announces the agency’s plans to implement a new, broader public charge standard through policy guidance rather than through a new regulation. The new policy guidance is expected to lower the threshold by which an applicant would be judged likely to become a public charge and could result in significantly higher scrutiny of an applicant’s potential to become dependent on government benefits.
The final rule will be published in the Federal Register on July 20, 2026 and take effect on September 18, 2026. Concurrent with the rule’s effective date, a new Form I-485 adjustment of status application that is keyed to the new public charge standard will be issued.
The public charge ground of inadmissibility
Public charge is a statutory ground of inadmissibility that applies to all employment- and family-based adjustment of status applicants and some nonimmigrants in certain circumstances. The Immigration and Nationality Act does not define “public charge” but requires a totality test of certain factors to determine if a foreign national is likely to become a public charge of the government. If deemed likely, the government can deny the immigration benefit or status sought by the foreign national.
In 2019, during the first Trump Administration, DHS issued a broad public charge regulation that expanded the possible classes of individuals deemed likely to become a public charge, and required a significant amount of detailed financial information and documentation from all adjustment of status applicants (including all employment-based adjustment applicants) as well as public-charge-related attestations from nonimmigrants seeking a change of status or extension of stay within the United States. The 2019 public charge rule took effect in February 2020 and was the subject of a string of judicial rulings that resulted in several about-faces with respect to DHS’s authority to enforce it. The rule was ultimately invalidated in March 2021 and replaced with a new, more limited public charge regulation issued by the Biden Administration; that rule, which applied only to adjustment of status and took effect in December 2022, is being rescinded by the new final regulation.
What’s next for the public charge rule and policy
DHS is expected to update its policy guidance on the public charge ground of inadmissibility in the coming weeks. Fragomen is closely tracking the implementation of new public charge guidance and the forthcoming new edition of Form I-485; further client alerts will be issued as developments occur.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
